Health Care Laws Directly Impacting Employer Costs

Chapter 224 of the Acts of 2012: establishment of cost growth benchmark and HPC/CHIA

Chapter 115 of the Acts of 2016: Price variation commission – recommendations were not implemented

Chapter 41 of the Acts of 2019: MassHealth direct negotiation/HPC drug pricing review/retro denials

H.4620: An Act Enhancing the Market Review Process reported out favorably by the House Ways and Means  Committee on May 2, 2024.

Legislation adding cost since chapter 58

Mandates

~$2.47 billion in premium costs

  • Hearing aids
  • Licensed marriage and family therapists
  • Oral cancer therapy
  • 14 days coverage of inpatient SUD services without medical management
  • Lyme disease
  • HIV associated lipodystrophy syndrome treatment mandate
  • Out of Network, PANDA/PANS telehealth
  • Abortion mandate, elimination of cost-sharing for abortion and abortion related care
  • Mental health wellness exam
  • Coverage for disabled dependents mandate
  • PreP Coverage Mandate

Assessments

~$3.1 billion in assessments on payers from 2013 – 2023

  • Assessment on surcharge payers to fund HPC and CHIA
  • Assessment on surcharge payers to fund Vaccine Purchase Trust Fund
  • MCPAP assessment
  • Behavioral Health Trust Fund and Behavioral Health Advisory Commission
  • BH Assessment on Payers

Limits on Health Plan Tools

  • Mandates 14 days coverage of CSS without medical management
  • Limits health plans and pharmacy benefit managers’ ability to audit pharmacies
  • Behavioral Health – elimination of PA for acute inpatient, CBAT, ICBAT, changes to OPP regulations re: MN decisions
  • Limitations on Retroactive denials
  • Limitations on step therapy